Harrold v. Rolling J Ranch

Opinion

WOODS (Fred), J.

This appeal is one of several implied assumption of the risk cases which the Supreme Court remanded for reconsideration in the light of Knight v. Jewett (1992) 3 Cal.4th 296 [11 Cal.Rptr.2d 2, 834 P.2d 696]. When first decided by this court in 1990, we reversed a summary judgment in favor of defendant. In that opinion we first discussed the unsettled state of the law in the area of implied assumption of the risk and whether it was subsumed under comparative negligence, urging the Supreme Court to take and decide the issue. We then addressed the case before us, *581assuming…